92 Decision Citation: BVA 92-27646
Y92
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
DOCKET NO. 92-12 650 ) DATE
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THE ISSUE
Entitlement to service connection for a cervical spine
disorder with right arm involvement.
REPRESENTATION
Appellant represented by: The American Legion
ATTORNEY FOR THE BOARD
Harold A. Beach, Associate Counsel
INTRODUCTION
The veteran, who is the appellant in this case, served on
active duty from September 1967 to July 1971.
This matter came before the Board of Veterans' Appeals as a
result of decisions rendered by the Department of Veterans
Affairs (VA) Regional Office (RO) in St. Paul, Minnesota.
In February 1992, the RO denied entitlement to service
connection for degenerative disc disease of the cervical
spine with right arm involvement. The veteran disagreed
with that decision, and this appeal ensued. In June 1992,
the RO confirmed and continued that decision. Thereafter,
the claims folder was transferred to the Board of Veterans'
Appeals, where it was docketed in July 1992. It was then
forwarded to the veteran's representative, The American
Legion, who submitted a statement on his behalf.
CONTENTIONS OF APPELLANT ON APPEAL
It is contended by and on behalf of the veteran that his
cervical spine disorder with right arm involvement is the
result of injury sustained in a motor vehicle accident in
service and that service connection is, therefore,
warranted.
DECISION OF THE BOARD
In accordance with the provisions of 38 U.S.C.A. 7104 (West
1991), following review and consideration of all evidence
and material of record in the veteran's claims file, and for
the following reasons and bases, it is the decision of the
Board that the evidence does not support the claim for
service connection for a cervical spine disorder with right
arm involvement.
FINDINGS OF FACT
1. All evidence necessary for an equitable disposition of
the veteran's claim has been obtained by the RO.
2. A cervical spine disorder, including arthritis, and
right ulnar neuropathy was first clinically demonstrated
many years after service and has not been shown to be
related thereto.
CONCLUSION OF LAW
A cervical spine disorder with right arm involvement was not
incurred in or aggravated by service, nor may cervical spine
arthritis with right ulnar neuropathy be presumed to have
been so incurred. 38 U.S.C.A. 1101, 1110, 1112, 1113,
5107(a) (West 1991); 38 C.F.R. 3.303(a), 3.307, 3.309.
REASONS AND BASES FOR FINDINGS AND CONCLUSIONS
The veteran seeks service connection for a cervical spine
disorder with right arm involvement. Service connection
connotes many factors, but basically, it means that the
facts, shown by the evidence, establish that a particular
disease or injury, resulting in disability, was incurred
coincident with service in the Armed Forces. 38 U.S.C.A.
1110; 38 C.F.R. 3.303(a). For certain disorders, such as
arthritis, service connection is presumed, when it is shown
to a degree of 10 percent within one year of the veteran's
discharge from service. 38 U.S.C.A. 1101, 1112, 1113; 38
C.F.R. 3.307, 3.309.
In this case, the evidence shows that the veteran was
involved in two motor vehicle accidents in service. In
February 1968, he sustained a severe laceration of the
underside of the left lower lip, a minor laceration of the
right ear, multiple contusions and abrasions, a sprained
left ankle, and a lacerated left elbow. Three or four right
upper front teeth were also missing. X-rays confirmed
extensive fracturing of the left zygoma, zygomatic arch,
left orbit, and maxilla. There was a probable complete
fracture across the entire maxilla. In December 1970, the
veteran was involved in a motorcycle accident, in which he
sustained an incomplete fracture of the left clavicle and a
slight concussion. In neither accident was there any
reported involvement of the neck or right arm and certainly
no findings of arthritis. Hypertrophic changes in the
cervical spine and right ulnar neuropathy with entrapment at
the elbow were not clinically established until the late
1980's and early 1990's, many years after the veteran's
discharge from service. There were no findings, however,
that either disorder was related in any way to service.
Indeed, changes due to developing osteoarthritis generally
appear within months of the initial injury. Orthopaedics:
Principles and their Application 451-452 (4th ed. 1984).
Therefore, it would be extremely speculative to conclude
that the claimed cervical spine disorder is the result of an
incident in service. In arriving at this decision, the
Board has considered all of the evidence of record,
including several articles concerning cervical spine
injury. While helpful in understanding such injuries
generally, they do not deal specifically with the veteran's
case and are, therefore, of limited evidentiary value.
ORDER
Service connection for a cervical spine disorder with right
arm involvement is denied.
BOARD OF VETERANS' APPEALS
WASHINGTON, D.C. 20420
ANTHONY FAVA CHARLES E. EDWARDS, M.D.
H. H. CLARK
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. 7266 (West
1991), a decision of the Board of Veterans' Appeals granting
less than the complete benefit, or benefits, sought on
appeal is appealable to the United States Court of Veterans
Appeals within 120 days from the date of mailing of notice
of the decision, provided that a Notice of Disagreement
concerning an issue which was before the Board was filed
with the agency of original jurisdiction on or after
November 18, 1988. Veterans' Judicial Review Act, Pub. L.
No. 100-687, § 402 (1988). The date which appears on the
face of this decision constitutes the date of mailing and
the copy of this decision which you have received is your
notice of the action taken on your appeal by the Board of
Veterans' Appeals.